Amir Syamsuddin: Appointment of Deputy Minister to be prerogative rights of the President

The presence of deputy ministers is the prerogative attached to the president if the president feels there is a heavy burden borne by a ministry. It is delivered by Justice Minister Amir Syamsudin when giving testimony in a trial testing the Government Article 10 of Act 39/2008 regarding the Ministry of State in the Constitutional Court (MK) on Tuesday (24 / 1). The case No. 79/PUU-IX/2011 filed by Adi Warman.

"Vice Minister in charge to improve the performance of ministers and the rights inherent in the president, if the president feels there is a heavy load in a ministry, "said Amir in front of the judges, led by Chief Justice of the Constitutional Court, Moh.Mahfud mD.

According to Amir, the Petitioners’ argument that states the existence of deputy ministers is not only a waste of the state budget is reasonable and just be a mere assumption. "Petitioner’s argument is just a mere assumption, not a constitutional issue. The presence of the deputy minister is entirely right to the president, "said Amir.

Therefore, further Amir, the petition is not appropriate for submission to the Constitutional Court because it is not the authority of the Constitutional Court. Amir explained the petition is unclear and obscure. Meanwhile, the argument of the existence of a conflict of interest behind the deputy minister, Amir denied and the judge it is only the assumption of the Applicant. "Petitioner just assume not based on facts. Appointment of deputy ministers followed up with the division of duties between ministers and deputy ministers so as to create the integration and synergy, "he explained.

While the legal position of the Petitioner, Amir assess the applicant is not harmed directly by the enactment of Article 10 of Act 39/2008 regarding the Ministry of State. This was because Petitioner is a private legal entity that serves to prevent corruption. "Is there a connection with the operation of Article 10 of Law Number 39 Year 2008 regarding the Ministry of State? What provisions preclude a quo Petitioner’s constitutional right? Petitioner could not explain in detail, "he explained.

It is also expressed by representatives of Commission III Ahmad Yani who revealed that the appointment of deputy ministers from the officer’s career is not contrary to the 1945 Constitution. "The deputy minister appointed from career officials (civil servants) because it is not a state official," he said.

In the main petition, the Petitioner argues that the office of deputy minister may be indicated as the politicization of the civil state employees with the modus operandi of divide among the vice minister of the environment and the president as cronies of the president. "In addition, the appointment of deputy minister positions will only increase the budget for ministerial offices," said M. Arifsyah Matondang as Petitioner’s attorney. (Lulu Anjarsari / mh/

Wednesday, January 25, 2012 | 10:52 WIB 151